Sweetnam v Department of Water Affairs and Forestry (WT23/02/09) [2009] ZAWT 14 (9 July 2009)

Sweetnam v Department of Water Affairs and Forestry (WT23/02/09) [2009] ZAWT 14 (9 July 2009)

The Tribunal held that its role was to rehear the licence application and independently consider all relevant factors under section 27(1) of the National Water Act. The real dispute centered on whether the transformation factor was satisfied. The Tribunal accepted that the applicant employed members of previously disadvantaged communities but found no evidence that she met the seven elements of broad-based black economic empowerment as set out in the AGRIBEE Sector Charter, nor evidence that she qualified as an Exempted Micro Enterprise. The mere employment of black workers, without further evidence of their roles or compliance with the Charter, was insufficient to satisfy the...

Citation
[2009] ZAWT 14
Parties
Applicant: Johanna Sweetnam; Respondent: Department of Water Affairs and Forestry
Court
Water Tribunal
Jurisdiction
South Africa
Judgment Date
9 July 2009
Case Number
WT 23/02/09
Procedural Posture
Administrative Appeal / Appeal Decision
Outcome
Appeal dismissed; the applicant is not entitled to the water use licence.
Judges
L.J Lekale, W Singo, H Thompson, A.S Makhanya
Legal Topics
Water Use Licensing, National Water Act, Transformation Factor, Broad Based Black Economic Empowerment
Administrative Law Environmental Law Water Use Licensing National Water Act Transformation Factor Broad Based Black Economic Empowerment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 4 Party arguments 2
Sign in to unlock

Parties

Johanna Sweetnam

Applicant

Department of Water Affairs and Forestry

Respondent

Procedural Posture

Administrative Appeal / Appeal Decision

Legal Issues

  1. 1 Whether the appellant was entitled to a water use licence following a transfer made in her favour.
  2. 2 Whether the respondent considered all relevant factors under section 27(1)(a)-(k) of the National Water Act when deciding the application.
  3. 3 Whether the granting of the licence would satisfy the transformation factor as contemplated by section 27(1)(b) of the National Water Act.

Ratio Decidendi

The Tribunal held that its role was to rehear the licence application and independently consider all relevant factors under section 27(1) of the National Water Act. The real dispute centered on whether the transformation factor was satisfied. The Tribunal accepted that the applicant employed members of previously disadvantaged communities but found no evidence that she met the seven elements of broad-based black economic empowerment as set out in the AGRIBEE Sector Charter, nor evidence that she qualified as an Exempted Micro Enterprise. The mere employment of black workers, without further evidence of their roles or compliance with the Charter, was insufficient to satisfy the...

Court Disposition

Appeal dismissed; the applicant is not entitled to the water use licence.

Orders

  • The appeal is dismissed.
  • The file shall be closed.